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PC RES 1995-031P.C. RESOLUTION NO. 95- 31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES APPROVING CONDITIONAL USE PERMIT NO. 33 - REVISION 'NMI' TO MODIFY THE APPROVED BUILDING FOOTPRINT FOR A NEW SINGLE FAMILY RESIDENCE LOCATED AT 1 BURRELL LANE WHEREAS, on March 9, 1995, the applicant, Wen -Jen Lee, submitted an application for Conditional Use Permit No. 33 - Revision I'M" to the Planning, Building and Code Enforcement Department; and, on June 1, 1995, after the submittal of additional information and revised plans, the application was deemed complete; and, WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 2100 et. seq. ("CEQA"), the State's CEQA Guidelines, California Code of Regulation, Title 14, Section 15000 et. seq. , the City's Local CEQA Guidelines, and Government Code Section 65952.5(e) (Hazardous Waste and Substances Statement), there was no evidence that Conditional Use Permit No. 33 - Revision I'M" would have a significant effect of the environment. Accordingly, the proposed project was been found to be categorically exempt (Class I); and, WHEREAS, pursuant to the requirements of the City's Development Code, on July 25, 1995 and August 22, 1995, the Planning Commission conducted a hearing on the proposed project, at which time all interested parties were given an opportunity to be heard and present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: That the site for the intended use is adequate in size and shape to accommodate said use, since the lot is 1.11 acres in size and contains areas designated through Conditional Use Permit No. 33 which provide adequate areas to develop a building footprint, tennis court and swimming pool. Section 2: That the site for the proposed use relates to streets and highways property designed to carry the type and quantity of traffic generated by the subject use, since the subject site is served by Burrell Lane, which is a private street providing access for seven single family lots, that connects to Crenshaw Boulevard, which is one of the major arterial streets in the City. Section 3: That in approving the subject use at the specific location, there will be no significant adverse effect on adjacent property or the permitted use thereof, since the maximum ridge height for the lot is not being increased, therefore the views from surrounding properties will not be adversely affected, and the applicant shall be required to comply with all requirements of the Building and Safety Division, including review and approval of the project by the City Geologist. Section 4: That the proposed use is not contrary to the General Plan since the land use designation for the subject property allows for single family residential uses. Section 5: That the applicant shall be required to submit a Hold Harmless Statement to the City due to the configuration of the lot's approved building footprint where the Conditional Use Permit for the development approved the tennis court and swimming pool on the flattest portion of the lot, with the residence built at the edge of the level portion of the lot, and since the rear building facade would be immediately adjacent to an extreme slope (greater than 35% in steepness). Section 6: That the time within which judicial review of the decision reflected in the Resolution, if available, must be sought, is governed by Section 1094.6 of the California Code of Civil Procedure. Section 7: For the foregoing reasons and based on the information and findings contained in the Staff Reports, Minutes and other records of the proceedings, the Planning Commission of the City of Rancho Palos Verdes hereby approves Conditional Use Permit No. 33 - Revision "M" to allow a modification to the approved building footprint for the lot at 1 Burrell Lane, subject to the Conditions of Approval contained in Exhibit "A" of P.C. Resolution No. 95- for Grading Permit No. 1803, which are incorporated herein by reference, and which are necessary to protect the public health, safety and welfare. P.C. Resolution No. 95-31 Page 2 of 3 PASSED, APPROVED, and ADOPTED this 22nd day of August 1995 by the following vote: AYES: CommissionersVannorsdall} Wang,_14hiteneEk_ Vice Chair Hayes, and Chairman ----� Mow7ds NOES: Commissioner Alberio ABSTENTIONS: None ABSENT: Commissioner Ferraro Bret B. Bernard, AICP, Director of Planning, Building, and Code Enforcement; and, Secretary to the Planning Commission (cpx: cup33m. res) P.C. Resolution No. 95- 31 Page 3 of 3